|
201209429
<br /> DEEL7 OF TRIJST
<br /> Loan No: t0004528 (Co€ltinile�) Page 6
<br /> each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or now or
<br /> hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or any of the Related
<br /> Documents to Trustee or Lender or to which either oP them may be otherwise entitled, may be exercised,
<br /> concurrenily or independently,from time to time and as often as may be deemed expedieni by Trustee or Lender,
<br /> and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be consVued as
<br /> prohi6iting Lender rrom seeking a deficiency judgment against the Trustor to the extent such action is permitted by
<br /> law.
<br /> Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or
<br /> together. If Lender decides to spend money or to perform any of Trustor's obligations under this Deed of Trust,
<br /> after Trustor`s failure to do so,thzt tlecision by Lender wiii not affect Lender's right to declare Trustor in defauit
<br /> and to exercise Lerider's remedies.
<br /> Request for Notice. Trustor,on behalfi of Trustor and Lender,hereby requests that a copy of any Notice of Defauft
<br /> and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first
<br /> paragraph of this�eed of Trust.
<br /> Attorneys' Fees; E�cpenses. If Lender institutes any suit or action.to enfcrce any of the terms of this Deed of
<br /> Trust,Lender shali be entieled to recover such sum as the court may adjudge reasonable as attorneys'tees at trial
<br /> and upon a�ny appeal. Wnether or not any court action is involved, and tc The extent not prohibited by law,all
<br /> reasonable expenses Lender incurs that in Leoder's opinion are necessary at any time for the protectoon of its
<br /> interest or the enforcement ai its rights shali become a part of the Indebtedness payable on demand and snalf bear
<br /> interest et the Note rate from the date of the expenditure unYil repaid. Expenses covered by this paragrepF�include,
<br /> without Iimitation, however subject to any limits under applicable law, Lende�'s attomeys'fees and Lender's legal
<br /> expenses, whether or not there is a lawsuit, including attorneys' fees and�expenses for ba�kruptcy proceedings
<br /> (including efforts to modify or vacate any automatic stay or injunctioN,appeals,and any anticipated post-judgment
<br /> coilection services,the cost of searching records,obtaining title reports(including foreclosure reporis),surveyors'
<br /> reports, and apptaisal.fees, title insurance, and fees for the Trustee, to the eMent permitted by applicable law.
<br /> Trustor also will pay any court costs,in addition to all other sums provided by law.
<br /> Rights of Trustee. Trustee shal.l have all of the rights and duties of Lender as set forch in this section.
<br /> POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee
<br /> are part of this�eed ofi Trust:
<br /> Powers of Trustee. In adtli�ion to all powers of Trustee arising as a matter of law,Trustee shall have the power to
<br /> take the following actions with respect to the Property upon the written request of Lender and Trustor. (aj join in
<br /> preparing and filing a map or plat of the Real Property, induding the dedication Qf streets or other rights to the
<br /> public; (b)join in granting any easement or creating any restriction on the Real Property; and (c) join in any
<br /> subordination or other agreemept afFecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet all quaGficauons required for Trustee under applicabie law. In adtlition to the rights
<br /> and remedies set forth above,with respect to all or any part of the Property,the Trustee shall have the right to
<br /> foreclose by notice and sale, and Lender will have the right to foreclose by judici2l foreclosure, in either case in
<br /> accordance with and to the full.extent provided by applicable law.
<br /> Successor Tcostee. Lender,at Lender's option,may from time to time appoint a successor Trustee to any Trustee
<br /> appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the
<br /> office of the recorder of HALL County, State of Nebraska. The instrument shall contain, in addition to all other
<br /> matters required by state law, the names of the original Lender, Trustee, antl Trustor, the book and page (or
<br /> computer systen reference) where this Deed of Trust is recorded, and the name and address of the successor
<br /> trustee,a�d the instrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or
<br /> their successors in interest. The successor trustee,without conveyance of the Property,shall succeed to all the
<br /> title,power,and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br /> substitution of Trustee shall govem to the exclusion of all other provisions for substitution.
<br /> NO7ICES. Any notice required to be given under this Deed of Trust, induding without limitation any notice of default
<br /> and any notice of sale shall be given in writing,and shall 6e effective when actually delivered,when actually received
<br /> 6y telefacsimile(unless otherwise required by law1,when deposited with a nationally recognized ovemight courier,or,if
<br /> mailed,when deposited in the United States mail,as first class,certified or registered mail postage prepaitJ,directed to
<br /> the addresses shown near the beginning of ihis Deed of Trust. All copies of notices of foreclosure from the holder of
<br /> any lien which has priority over this Deed ofi Trust shall be sent to Lender's address,as shown near the beginning of
<br /> this Deed of Trust. Any person may change his or hei address for notices under This Deed of Trust by g:iving formal
<br /> written no�ice to the othe� person or persons, specifying that the purpose of the notice is to change the person`s
<br /> acidress. For notice purposes,Trustor agrees to keep Lender informed at ail times of Trustor's current address. Unless
<br /> otherwise previded or required by law, if ihere is more than one Trustor,any notice given 6y Lender to any Trustor is
<br /> deemed to 6e notice given to all Trustors. It will be Trustor's responsibility to tell the 4thers of the notice from Lender.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendmen#s. What is written in tl�is Deed of Trust and in the Related Documents is Trustor's entire agreement
<br /> with Lender concerning the matters covered by this De�d of Trust. To be effective,any change or amendment to
<br /> this Deed of Trust must be in writing and must he signzd by whoever will be bound or obiigated tiy the change or
<br /> amendmeot.
<br /> Caption Headings. Caption headings in this Deed of 7rust are for convenience purposes only and are not to be
<br /> used to interpret or define the provisions of this Deed of Trust.
<br /> Merger. There shall be no merger ofi the interest or estate created by this Deed of Trust with any other interest or
<br /> estate in the Property at any time held by or Tor the benefit of Lender in any capacity,witfiout the written consent
<br /> of Lender.
<br /> Governing Law. This Deed of Trust wil!he governed by federal iaw applicable to Lender and,to the extent not
<br /> preempted by federal iaw,the laws of tFae State of Nebreska without regard ta its conflicts of Iaw provisions. This
<br /> �eed of Trust has 6een accepted by Lender in the State of Nehraska.
<br /> Choice of Venue. If ihere is a lawsuit,Trustor agrees upon Lender's request to submit to the jurisdiction o#the
<br /> courts of Hall County,State of Nebraska�.
<br /> Joint and Severai Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and
<br /> several,and all references to Trustor shall mean each and every Trustor,and all refer2nces to Borrower shaH mean
<br /> each and every Borrower. This means that each Trustor signing below is responsible for all obligations in this Deed
<br /> of Trust.
<br /> No Waiver by Lender. Trustor understands Lender will not give up any oi Lender's rights under this Deed of Trust
<br /> unless Lender does so in writing. The fact that Lender delays or omits to exercise any right wili not mean that
<br /> Lender has given up that right. If Lender does agree in writing?o give up one of Lender's rights, that does not
<br /> mean Trustor will not have to comply with the other provisions of this Deed of Trust. Trustor also understands
<br /> that if Lender does consent to a request,that does not mean that Trustor will not have to get Lender's consent
<br />
|